La. Admin. Code tit. 43 § I-1507

Current through Register Vol. 50, No. 6, June 20, 2024

Section I-1507 - Identification of Area of Obstruction

A. When an obstruction has been encountered by a claimant from which encounter a claim for damages to the fund is made, the claim shall not be accepted unless accompanied by sufficient information by which to locate the area of the obstruction. Such information shall be conveyed on forms furnished by the department when available, or otherwise in a manner sufficiently clear to be usable by the department in charting the obstruction.

1. No future claim shall be filed by a claimant for an encounter with an obstruction at the same location reported by the fisherman on a previous claim.

B. The information referred to in Subsection A of this Section shall include all of the information set forth in this Subsection to the extent possible. Where such information cannot be furnished, reasons for such inability shall be stated instead:

1. common name of the body of water in which the obstruction was encountered;

2. name of the parish in which the obstruction was encountered;

3. the date and time of day when the obstruction was encountered;

4. the depth of the water and the depth at which fishing gear was deployed at the point of encounter;

5. the position of the fishing vessel and the position of the obstruction at the point of encounter, to be specified by using one or more of the following methods of position fixing, using the most reliable method available aboard the vessel at the time of encounter:

a. latitude/longitude coordinates. Provide coordinates in geographic coordinate system (GCS) North American Datum (NAD) 83 latitude/longitude decimal degrees (e.g., N 29° 50.893, W 89° 20.360) or equivalent;

b. distance (range) and direction (bearing) to fixed offshore objects such as lighthouses, light towers, and oil drilling or production platforms. Specify the name of each such object used;

c. distance and direction of fixed aids to navigation and land marks, which are identified on National Ocean Survey Charts, such as radio towers, jetty lights, etc.;

d. distance and direction to prominent landmarks which are not identified on National Ocean Survey charts but are readily identifiable for future reference;

e. distance and direction to floating navigational aids such as buoys. Identify any buoy by name, number, color, type and lightlist number if known;

f. alternate navigation methods may be used if they are available. These include global positioning system (GPS), and similar electronic navigation systems that may be in use.

La. Admin. Code tit. 43, § I-1507

Promulgated by the Department of Natural Resources, Office of the Secretary, LR 6:515 (August 1980), amended LR 21:956 (September 1995), Amended by the Office of Coastal Management, LR 401944 (10/1/2014).

AUTHORITY NOTE: Promulgated in accordance with R.S. 56:700.3.